ORDER OF AN EXECUTIVE OFFICER NOTICE OF CLOSURE

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER NOTICE OF CLOSURE To: Alberta Ltd. O/A Dynasty Century Palace Restaurant Thang (Tom) Ly RE: The food establishment located in Edmonton, Alberta and municipally described as: Dynasty Century Palace 206, , Edmonton, Alberta WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended; AND WHEREAS such inspection disclosed that the following conditions exist in and about the above noted premises which are or may become injurious or dangerous to the public health or which might hinder in any manner the prevention or suppression of disease, namely: a. The referred to food facility was in apparent contravention of Executive Officer s Order previously issued on September, b. Perishable foods were noted at room temperature. 1. Container of cooked beans was noted at 19.0 C when probed 2. Reconstituted garlic in oil was noted at 18.9 C when probed 3. Several perishable sauces noted between 19 C-19.9 C when probed c. Hot holding of various high risk food items including buns with perishable fillings and nonsteamed dim sum items were noted between 40 C-50 C d. Multiple food containers were stacked in a manner that the bottom of one container was in direct contact with the food beneath no barriers to separate it. e. Some foods were partially covered and/or gave access to the cockroaches or other potential sources of contamination. f. Raw meat was stored above and beside ready-to-eat foods, vegetables, and cooked foods in the cooler. g. Containers of sauces stored directly on the floor in the kitchen and storage areas. h. Wet, dirty, used cleaning cloths were observed on countertops. One bucket of sanitizer was noted at approximately 25ppm. i. Many unlabeled bottle or buckets with a clear liquid were noted throughout the kitchen. j. Evidence of cockroach infestation was noted within the facility. One live and one dead cockroach was observed on floor of the cook line. k. Effective pest control monitoring program was not in place; there were no records available at the time of inspection. Glue boards were missing on many of the walls throughout the facility and they were placed in a manner that was not effective at trapping cockroaches l. Reuseable, non-disposable, orange rubber kitchen gloves were noted throughout the facility and appeared to be used for both food handling and washing dirty dishes. m. A staff member was observed coming out of the staff washroom wearing orange rubber gloves. Staff member continued to wash dishes without washing hands.

2 Page 2 of 7 n. Containers for storing dishes and utensils were in poor condition and were broken in multiple places. o. Clean dishes and utensils were stored in bins that have debris, grease, and grime buildup p. Bowls were being used as scoops and were stored with the high touch surfaces in direct contact with the food ingredient. q. No supervisory or management personnel in the facility had recognized qualifications in food sanitation, Section (31). r. Poor sanitation noted throughout the whole facility 1. Food debris and grease were noted on exterior of equipment 2. High touch surfaces, underneath and on top of shelves, food equipment, grease bins, garbage containers, electrical outlines, pipes, and plumbing lines were noted in an unsanitary condition 3. Grease was dripping from the ventilation canopy on the cook line s. Exhaust canopy was missing filters preventing the equipment from adequately removing grease laden vapors t. A written food safety program was created the plan was not implemented or utilized by staff or in a format that could be utilized by staff AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the Food Regulation, Alberta Regulation 31/2006 and the Food Retail and Foodservices Code exist in and about the above noted premises, namely: a. Violation [a.] is in contravention of Section 73(1) of the Public Health Act which states, A person who contravenes this Act, the regulations, an order under section 62 or an order of a medical officer of health or physician under Part 3 is guilty of an offence. b. Violations [b. and c.] are in contravention of sections 24 & 25(1) of the Food Regulation which states, "All food handling in a commercial food establishment must be done in a manner that makes the food safe to eat." and "All high-risk food must be stored, displayed and transported at a temperature of (a) not more than 4 C or such higher temperature, or (b) not less than 60 C or such lower temperature as an executive officer stipulates under subsection (4)." c. Violations [d., e., f., g., and h.] are contravention of Section 23 of the Food Regulation, which states: All food used or to be used in a commercial food establishment must be: a) protected from contamination, and b) handled in a sanitary manner. And subject to any procedure involved in disposing of it that is otherwise in accordance with the law, food that has become contaminated or otherwise unfit for human consumption must not be serves, offered for sale, processed, packaged, displayed or stored for human consumption. d. Violations [e., g., and j.] are in contravention of Section 21(1) of the Food Regulation, which states: "The commercial food establishment and any surrounding area, premises or facilities supporting the commercial food establishment must be kept free of pests and of conditions that lead to the harbouring or breeding of pests".

3 Page 3 of 7 e. Violations [d., e., f., g., h., j., l., m., n., o., and p.] are in contravention of section 24 of the Food Regulation which states, All food processing in a food establishment must be done in a manner that makes the food safe to eat. f. Violation [i.] is in contravention of Section 20(2) of the Food Regulation which states: All chemicals, cleansers and other similar agents associated with or required for the operation or maintenance of the food areas must be stored (a) in containers that are not intended to be used to store food and that are clearly labelled to identify their contents, and (b) in such a manner as to prevent the contamination of any food or food area." g. Violations [h., j., n., o., p., s., and r.] are in contravention of Section 28 of the Food Regulation, which states: (1) A commercial food establishment must have all the facilities, equipment and utensils that are necessary to ensure its safe operation and maintenance. (2) A commercial food establishment, all equipment and utensils in it and all surfaces in it with which food comes into contact must be maintained in a sanitary condition and, without limiting the foregoing, must be washed and sanitized in a manner that removes contamination. (3) All equipment and utensils in a commercial food establishment must be kept in good working order and condition, and maintained in a manner that ensures the safe and sanitary handling of food. h. Violation [k.] is in contravention of Section 21 of the Food Regulation which state, "The commercial food establishment and any surrounding area, premises or facilities supporting the commercial food establishment must be kept free of pests and of conditions that lead to the harboring or breeding of pests" and "A written record of all pest control measures used in the food establishment and surrounding area, premises and facilities referred to in subsection (1) must be maintained." i. Violation [l., and m.] is in contravention of Section 30 of the Food Regulation, which states: (1) A food handler must (a) wear clean clothing and footwear, (b) exhibit cleanliness and good personal hygiene, (c) ensure that food is not contaminated by hair, (d) wash hands as often as necessary to prevent the contamination of food or food areas, (e) refrain from smoking in a food area, and (f) refrain from any other conduct that could result in the contamination of food or a food area" j. Violation [q.] is in contravention of Section 31 of the Food Regulation which states, "(1) A person operating a commercial food establishment must, at any time when there are 5 or fewer food handlers working on the premises, ensure that at least one individual who has care and control of the commercial food establishment holds a certificate issued by the Minister confirming that individual's successful completion of a food sanitation and hygiene training program or a document that the Minister considers equivalent to such a certificate.

4 Page 4 of 7 k. Violations [t.] is in contravention of Section 29 of the Food Regulation which states, A commercial food establishment must have written procedures designed to ensure its safe and sanitary operation and maintenance and The procedures must include (a) the cleaning and sanitizing requirements for the food establishment and for all equipment and utensils in it, if any, that are not normally washed in a dishwasher, and (b) a list of all cleaning and sanitizing agents used in the food establishment, including their concentration and uses. AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be Closed. NOW THEREFORE, I hereby ORDER and DIRECT: 1. That the Owner immediately close the above noted premises. 2. That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Provide a listing of all staff who handle food within the commercial food establishment. The list must have the following information for each staff member: i. Full Name ii. General and specific duties and responsibilities regarding food handling. iii. Any hierarchical structure regarding supervisory and reporting duties for other staff members (eg: who do they supervise, who supervises them). iv. A copy of the food safety certification for each staff member who holds one. b. All supervisory staff, and/or anyone in apparent care and control of the facility must be able to adequately demonstrate, to the satisfaction of an Executive Officer of Alberta Health Services, a working knowledge of acceptable food safety practices regarding: i. Cross contamination control ii. Safe food storage temperature iii. Safe food storage practices iv. Safe thawing practices v. Safe cooling practices vi. Safe re-heating practices vii. Staff hygiene/glove use viii. Dishwashing practices c. Cease and desist the practice of storing high risk perishable foods at room temperature. Keep perishable foods in the cooler or freezer until needed for processing. Ensure that hot foods meant to be served hot are maintained at hot holding temperatures of 60ºC with a continual heat source. Ensure coolers are at 4ºC or less and are equipped with an accurate thermometer. Only take out as much food as needed for immediate food preparation. Promptly refrigerate or freeze perishable foods after processing and cooling or promptly place hot foods in hot holding equipment. Ensure all perishable foods are maintained either below 4 C or above 60 C at all times as to prevent microbial growth.

5 Page 5 of 7 d. Remove any food equipment or containers not in operation. Store food containers off of the floor. Ensure that food and food equipment is stored in a manner that prevents cross contamination. e. Ensure all foods are adequately covered/protected before stacking another item on top of the food. Only allow food to come into contact with clean food grade materials. Store all open bags of bulk food ingredients in pest proof containers with tight fitting lids that are smooth, cleanable, and nonabsorbent at all times. Due to cockroach infestation, ensure that all other shelf stable foods are stored in pest proof containers with tight fitting lids and ensure those lids are fully seated when not in use. f. Re-organize the freezers and the coolers. Cover foods with food grade material when not being processed to prevent cross contamination. Do not store food containers in contact with food in the container underneath it (ie. do not stack without a barrier). Do not store raw meat products above or next to cooked foods, vegetables, partially cooked foods, or ready to eat foods. Ensure that food is stored in a manner that prevents cross contamination. g. Cease and desist the practice of storing food scoops or bowls in direct contact with food product. Use scoops with handles. Ensure the food equipment is clean before use for food preparation and storage at all times. Retrain staff on the proper cleaning practices and storage procedures for scoops. Ensure that utensils are stored in a manner that prevents contamination of food when not in use. h. Ensure all chemicals, cleansers and similar agents are stored in clearly labeled containers so that their contents are easily identified. i. Cease and desist the practice of using the same gloves to wash dirty dishes and handle or prepare foods Hands must be washed and gloves changed between handling of different foods during preparation and between unrelated tasks (handling cash, garbage, soiled dishware, etc...). Ensure Alberta Health Services Guidelines for Proper Glove Use is followed. j. Work with your pest control company to implement integrated pest management program within the facility to eliminate to cockroach infestation. Ensure that appropriate pest control devices are properly placed to facilitate the eradication of the infestation. Store all foods in a manner that does not allow for pest contamination. Do not allow garbage, food, debris, or unnecessary equipment to accumulate in a manner that would facilitate the harborage of pest or vermin. k. Do not move, interfere or tamper with any cockroach monitoring stations, bait, traps or other pest management devices placed by the Pest Control Company. l. Fill any and all cracks, holes, gaps, and other areas of cockroach harborage, as directed by pest control company. Repair any holes on the walls, ceiling, flooring, and missing baseboards. Ensure all surfaces in the food facility are in good repair and in a condition that renders them easy to clean and in a condition that does not allow the harborage of cockroaches and other pests. Conduct any other repairs identified by the pest control company. m. Remove all broken, damaged, or otherwise unsuitable equipment, utensils, bins, and containers from the food premises. Ensure that food equipment is in good working condition. n. Cease and desist from using crack, chip, fragmented/ damaged utensil and equipment o. Ensure that utensils are cleaned and sanitized properly before use. Ensure that dirty dishes are pre-soaked and solution being used to wash dishes reach all

6 Page 6 of 7 surfaces before rising and sanitizing. The sanitizing method must result in the utensils being clean and sanitary. p. Keep wet, used, cleaning cloths in an approved sanitizer solution when not in use. Ensure that the Alberta Health Services Guidelines for the use of Wiping Cloths is followed. q. Hands must be washed with soap before beginning work, after handling raw foods of animal origin; raw meat or poultry or raw fish, shellfish, marine Crustacea, or eggshells; and after going to the toilet, coughing or sneezing, or smoking. Ensure that all staff practice proper personal hygiene and handwashing at designated fully equipped handwashing stations. r. Clean and sanitize all equipment, utensils and surfaces that may come into contact with food, is in good repair, maintained in a sanitary condition, washed, and sanitized in a manner that removes contamination. Clean under the cooking appliances, underneath and behind equipment, under shelving units and coolers and all other equipment and surfaces in the kitchen area, including the hard-toreach areas. Thoroughly clean all shelving. Ensure that the food establishment is maintained in a clean and sanitary condition. s. Register for, hire, or enroll an employee who is in a supervisory role in an approved food safety course, Section 31. Ensure that when there are 5 or less food handlers working onsite, at least one individual who has care and control of the food establishment has completed an approved food safety training course. If there are 6 or more food handlers working, then someone who is on site and part of the supervisory staff has a certificate from an approved food safety course. t. Implement your written sanitation program to facilitate the proper cleaning of all areas of the food establishment, including equipment and structural aspects, and educate staff on the program s proper usage. Ensure that all staff are properly educated and trained regarding duties and requirements of the sanitation plan. Maintain the sanitation program to reflect the cleaning practices in the facility. Ensure that the written sanitation program is maintained and kept on site for staff to follow and ensure it is adhered to. Ensure sanitation program includes a list of all cleaning and sanitizing agents used in the food establishment, including their concentrations and uses. i. Ensure that the written sanitation program is in compliance with Section 4.0 of the Food Retail and Food Services Code, That until such time as the work referred to above is completed to the satisfaction of an Executive Officer of Alberta Health Services; the above noted premises shall remain closed. The above conditions were noted at the time of inspection and may not necessarily reflect all deficiencies. You are advised that further work may be required to ensure full compliance with the Public Health Act and regulations, or to prevent a public health nuisance.

7 Page 7 of 7 DATED at Edmonton, Alberta, October 17, 2018 Confirmation of a verbal order issued to Thang (Tom) Ly on October 16, (Original Signed) Sarah Young, CPHI(C) Executive Officer Alberta Health Services A person who You have the right to appeal a) is directly affected by a decision of a Regional Health Authority, and b) feels himself aggrieved by the decision may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order to: Public Health Appeal Board c/o Central Reception Main Floor, ATB Place North Tower Jasper NW Edmonton, Alberta, T5J 1S6 Phone: Fax: HealthAppealBoard@gov.ab.ca Website: A Notice of Appeal form may be obtained by contacting Alberta Health Services at or by contacting the Public Health Appeal Board. Health Legislation, Regulations and Standards Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer Bookstore , Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer Bookstore , Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or Copies of standards are available by contacting the Health Protection Branch of Alberta Health at or by visiting: Template revised May 8, 2018 Edmonton Alberta Health Services Environmental Public Health HSBC Building, Suite 700, street, Edmonton, Alberta, Canada T5J 2Y2